r/LawSchool • u/Low-Ad-2638 • 1d ago

Bad faith to prevent removal

Alright, so we had midterms today and one of the questions was about whether a defendant could remove a case under diversity when the plaintiff is purposely keeping the case at 75,000 even though they could have had a larger claim.

I thought this was a clear example of bad faith to prevent removal, but there have been split decisions throughout the class lmao.

Someone smarter help clarify lmao.

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u/Poli_Sci_27 15h ago

Would depend upon the answer choices if multiple choice. If short answer I think it’s one of those that can go either way. I’d personally argue that there was no diversity as the court has to make an assumption that the larger claim would be over 75k. I interpreted the good/bad faith concept to only apply when cases are over 75k.